Mercurii, 24 Martii
L. 2. AN Act for Confirmation of a Decree in Chancery, made between the Lord of the Manor of Painswicke -
L. 2. Lord Wentworth his Bill -
Ordered, To be ingrossed.
Sir Tho. Cheeke' s Bill, - Monday sevennight.
Merchants of the Staple.
L. 2. An Act, restoring the free Trade of the Merchants of the Staple ; - Committed to Mr. Comptroller, Sir Hen. Poole, Sir Tho. Estcourt, Knights, Burgesses, London, Sir Hen. Mildmay, Sir Will. Spring, Mr. Snelling, Sir Edw. Peyton, Mr. Cooke, Sir Jo. Stradling, Barons Cinque Ports, Sir Fra. Barrington, Mr. Whistler, Sir Rob. Pye ; Sir Tho. Haslerig, Sir Tho. Cheeke, Sir Rob. Philips, Sir Ar. Ingram, Chancellor Duchy, Mr. Cage, Sir Clem. Throckmorton, Sir James Perrot, Sir Jo. Savyle, Sir Eras. Dreyden, Sir Roger North, Sir Will. Massam, Sir Tho. Savyle, Sir Will. Pyt, Burgesses of all the Port Towns : - Thursday after Easter, Court of Wards, Two a Clock.
C. 2. An Act to avoid the Exactions of Fees of Customers Comptrollers: - Committed to Mr. Comptroller, Sir Edw. Cooke, Sir Ar. Ingram, Sir Jo. Strangwaies, Sir Jo. Savyle, Citizens, Burgesses of all the Port Towns, Sir Jo. Stradling, Mr. Cage, Mr. Snelling, Sir Tho. Midleton, Mr. Mustian, Mr. Glandvyle, Mr. Jacob, Mr. Banks, Sir Phi. Cary, Sir Edw. Gyles, Sir Tho. Estcourt, Mr. Hungerford, Mr. Whistler : - This Day fortnight, Court of Wards, Two a Clock.
L. 2. An Act for the Naturalizing of Sir Fran. Stewart, Walter Stewart, James Maxwell, Will. Carre, and James Leviston, Esquires.
The Bill of Usury re-committed to the former Committee : And all, that will come, to have Voice : - Star-chamber, To-morrow fortnight, Two a Clock.
The Committee for Continuance of Statutes, to meet this Vacation, and prepare the Bill against the next Access : To meet on Saturday next, at Temple Hall.
Mr. Glandvyle reports from the Committee of Privileges, Two Causes ; Dover, Arundell. -
1. Dover. The Case thus : Two Petitions; One, by the Inhabitants at large ; the other, by the Mayor, Jurates, and Common-council. That complained of was this : Sir Rich. Young and Sir Edw. Cecil returned, when not duly elected. - Found, the Mayor and Jurates ought to have Voice. Appeared that by a Constitution, made 3o Queen, in the Presence of the Commonalty, that from thenceforth all those Officers that had been chosen before at large, should after that Time be chosen by the 37 Common-council. At that Court the first 37 nominated : Ever since that, the Elections had been so, and the Commonalty not meddled. - Warning given on Monday, for a Meeting, Day following ; no Intimation of the Cause : This only given to the Jurates, and 37. Upon this, met, and entered into Dispute concerning the Business of Sandwich., and went to Voices ; the greater Number whereof, that this Constitution did bind: And thereupon chose these Two - Opinion of the Committee, that all the Freemen, Inhabitants, ought to have Voices in this Election. Next, that no good Election of these Two ; but both void ; and consequently, a new Writ. One Objection against it; that, since so long continued, not now to controul it. But answered that no good Custom, since the Beginning of it did appear. For the Mayor; they find, he rather in an Error than Misdemeanor : Appeared, no Practice. 4ly, That they found, these Knights had carried themselves fairly. 5ly, That the Warrant may go out with all Expedition.
Resolved, upon Question, That the Freemen, and free Burgesses, Inhabitants of Dover, ought to have Voice in the Election of their Barons to serve in Parliament.
Resolved, upon a second Question, That the Election of Sir Edw. Cecill and Sir Rich. Young is void; and that a new Warrant shall go out for a new Choice, with Expedition; and that these Men may be chosen again, if they so please. -
Next, for Arundell, the Case thus : A Petition exhibited by the Inhabitants at large of Arundell, complaining, that, whereas Two Burgesses, Sir Hen. Spiller, Sir George Chaworth : Sir Hen. Spiller, they said, was well chosen, but not the other Counsel heard for him. The Case this : The Electors, the Mayor, the principal Burgesses, and all the Inhabitants, Householders, whether or not free. A good Warning. Agreed, that these Two should be propounded, and one Mr. Mills. Of the Electors * * 35 for Mr. Mills, and 37 for Chaworth; but this a private Enumeration : But after, Four more came in, before the Election done : They gave Voice for Mills. So that they conceived, they came in due Time. Mayor, Two Brethren, and Steward, continued there, after the rest of the Company gone, to get more Company, till Six of Night. - Then they gat more Voices for Sir Geo. Chaworth. - Of Opinion, that Sir Geo. Chaworth was not well elected ; and that a Warrant ought to be made to the Mayor, to return Mr. Mills instead of Sir Geo. Chaworth, as in the Case of Chipenham. Appeared that this Mayor had put the Town to a great deal of Charge. Moved at Committee, agreed clearly, that there was a due and general Warning. -
To set down some Costs to be paid to them again. A Member undertook, that what they should set down, should be paid : - Sir Hen. Spiller. -
Mr. Bouier, Mr. Alford -
Sir Geo. Chaworth: - So confident of the Justice of the House, that, upon this Cause, he shall not go out. Yesterday, at Committee had Measure of Justice, according to the Measure of the Time. The Case untruly put. As the Case was opened, they did right. When he came to Speak that was for him, he spake against him : - Had no
Warrant for him to say it. - Mayor and Burgesses met ; and, after the Writ read, Three for Mr. Mills, and Five for him : So written down. The Election continues ; and, about Twelve, One numbers them, finds his Number the greater, published it to the Mayor. True, he sat still, because all the Burgesses not come in. Four more came in for Mr. Mills. At the same Time the Register said to the Mayor, that all were not present. - No Limitation to a Borough, for any Time for the Election. - Came after 17 more for Mr. Mills, and 27 for him. - Had Oath, to prove this. - Will be objected, that no Witness of his Part there can prove the Consent for the Continuance till Five Clock. - Leaves his Cause to the just Consideration of the House.
Mr. Alford: - Nothing said, but said before. When came to the Poll, found Mr. Mills to have most Voices. They desired a Return of him, and went away.
Resolved, upon Question, That the Mayor, Burgesses, and Inhabitants of Arundell, ought to have Voice in the Election of Burgesses.
Resolved, upon a second Question, Sir George Chaworth is not well elected.
Resolved, upon a third Question, That Mr. Mills is duly elected, and should have been returned.
Resolved, upon another Question, That the Mayor, now being in Town, shall be commanded to return Mr. Mills; if he be not in Town, a Warrant to go to him for it.
Resolved, upon another Question, That Mr. Alford, Mr. Bowyer, Mr. Lewknor, shall set down the Charges.
Cause in Chancery.
The Commission to be stayed, for examining Witnesses in a Cause depending in Chancery, between Eliza. Anscombe, and Mr. Ersfeild, and Catherine Anscombe.
A Message from the Lords, by Attorney and Serjeant Finch : -
The Lords signify to us, that their Desire to have a present Meeting of Committee of both Houses, touching a Conference about that which was delivered Yesterday by the King, with some Addition of further Grace : - Presently, Painted Chamber.
Answer : This House will presently give Meeting, as it is desired.
Mr. Solicitor and Sir Edw. Sandys to make Report.
Committees sent up to the Lords.
House to sit.
The House to sit in the Afternoon.
L. 1. An Act against converting arable Land into Pasture.
Mercurii, 24 Martii - Post Meridiem
L. 2. AN Act against Depopulation,and Converting of Arable into Pasture; - Committed to Sir Edw. Cooke, Mr. Glandvyle, Sir Wm. Spring,, Mr. Drury, Sir Tho. Estcourt, Sir Tho. Walmesley, Mr. Mustian, Sir Hen. Poole, Sir Geo. Manners, Sir Jo. Savyle, Sir Oliver Cromwell, Sir Wm. Fleetewood, Sir Rich. Harrison, Sir Will. Master, Sir Roger North, Sir Fra. Seymour, Mr. Alford, Sir Hen. Wallop, Sir Tho. Cheek, Mr. Fetherstone, Sir Char. Morrison, Sir James Perrot: And all, that will come, to have Voice : - This Day fortnight, Exchequer Chamber, Two Clock. The Bill delivered to Sir Ed. Cooke.
L. 2. An Act against Abuses, in Levying of Debts for common Persons, under the Name and Prerogative of theKing: - Committed to Sir Edw. Cooke, Serjeant Hitcham, Mr. Glanvyll, Mr. Pym, Sir Jo. Walter, Mr. Brooke, Sir Edw. Payton, Mr. Louther, all the King's Counsel, Sir Ar. Ingram, Sir Edw. Gyles, Sir Fra. Seymour, Mr. Wentworth, Mr. Taylor, Mr. Banks, Mr. Wainsford, Mr. Noy, all the Lawyers of the House, Mr. Bateman: - Friday sevennight, Court of Wards. The Remembrancer of the Exchequer, and the other Officers, that it concerns, to have Notice of it.
Ly. Dudley's Estate.
Sir Edw. Cooke reports the Lady Dudley her Bill. - No Amendment.
L. 3. An Act to enable the Lady Alice Dudley to assure the Manor of Killingworth to the Prince his Highness: - Upon Question, passed for a Law.
Mr. Glanvill reports from the Committee of Privileges, a Petition from the Freeholders of Norfolke. - Four or Five Hundred Hands to it. - Heard Two Witnesses; Cofer, and Bond: Adjourned to a further Dispute, till they had heard the Sheriff, why he brake off the Poll. After, Counsel on both Sides heard. - George Gaudy, Mr. Fountaine, and One . . . -
Three Members of this House heard at Committee. The Committee of Opinion, that the Two Knights well elected, and well returned, and ought to stand.
Sir Edw. Cooke: - Let us keep the Orders of the House. - To have a Report of the Committee, and not to have the Case put strange.
Mr. Glanvill: - Will readily obey the Inclination of the House. Cannot now deliver it as the Opinion of the Committee, but as a private Man : He was of a contrary Opinion to the Committee. - The Petition came in the 26 of February, signed with almost 500 Hands. The Points Three, of the Petition: 1. That the Persons refused, most Voices. 2. The Freeholders, who had Interest, prayed the Poll; and was once granted. 3. The Sheriff partially brake off the Poll, and returned others. This the Suggestions of the Petition. Proved thus much: 1. That the Writ read between Eight and Nine Clock, upper Court. Then after, Sir Thomas Holland taken up, and Sir Jo. Corbet, and one Mr. Catline, a Deputy for Tounesend, and Sir Robert Gaudy. After this, the Sheriff came to the lower Court, to view the Company: The most eminent Men accompanied him. In their Opinion, then the Two Knights returned, the greatest Number. After came to the higher Court, made Two Declarations; that Sir Tho. Holland had the first Place; - no Contradiction of that: - and Sir Jo. Corbet the second: That contradicted by Two or Three.
- Pretended, this Demand of the Poll too late; after Declaration, and some say, after Dinner. Next say, the Poll demanded only for the second Voice. 3. That Sir Rob. Gaudy, and the other, disturbed and relinquished the Poll.
- The Proof: Five Witnesses examined. The first Day one Cofer, though not upon Oath, testified thus much : l. That the Freeholders demanded the Poll for both Places, before Declaration. 2. Testified, that Voices numbered for Holland. 3. That Sir Tho. Holland and Corbet's Voices, the Justices Serving-men, and Tradesmen, come with them. Their greatest Number of such. Said a great and general Complaint of the Freeholders against the Justices. After him, one Rich. Bond testified about the Poll: Concurred with Mr. Cofer: Added a 4th, that, if they had gone to poll, the other should have had the greater Number. - Next Day examined Sir Rob. Gaudy's Brother. - Testified, the Poll for all; and that they offered him the second Place: Sir Rob. Gaudy said, he would poll for all. 3. The Poll begun, and Four or Five Voices for Holland. Other Witnesses, Mr. Fountaine and Mr. Taverner, that concurred with Gaudy. After, read a Declaration of the Sheriff. Calthrope said, that Catiline seemed to yield; and so Gaudy. After, upon the Committee, 26 of the Opinion, that these Gentlemen well chosen, and 12 against it. Three Members of this House said, they were present at all this : Declared, that they heard not, but that the greater Number with them that are returned: Heard no Demand of the Poll. But this negative Proof. - He of Opinion, that neither of them duly elected.
Mr. Wainsford: - Very plain, that neither well elected. The Poll demanded, and not pursued.
Mr. Currington: - He of Opinion, that these Gentlemen well elected. The Number being so exceeding great, was a great Labour to go to the Poll.
Sir Geo. Moore: - When the Poll demanded, and entered into, Catline said, that unless he might have the first Voice, would not stand. Thereupon the Sheriff relinquished the Poll. Thereupon Catline departed. - He of Opinion, that they are duly elected.
Mr. Drury: - Sir Tho. Holland chosen, without Question, without Demand of the Poll. After he was chosen in the first Place, Sir Rob. Gaudy came, and, when he saw the first Place was gone, said, he would not stand for the second. That was the Reason the Poll was broke off for Sir John Corbett.
Sir Henry Poole: - Thinks, that Sir Tho. Holland was duly elected : Doubts the other. - Sir Tho. Holland had 15 Hundred odds.
The House divided upon the Question; and overruled, that the Noes ought to go out:
Sir Fra. Barrington, Sir Hen. Poole, Tellers for the Yea : - 200.
Mr. Treasurer, Lord Cavendish, Tellers for the Noe : - 129.
Resolved, upon Question, and Division of the House,
That Sir Tho. Holland, and Sir John Corbett are well elected Knights for Norfolke.
Message from Lords.
A Message from the Lords, by Serjeant Davies and Serjeant Finch. -
The Lords have sent this Message : That, because they think not fit to have any Report made of the King's Speech, till he have seen it, and allowed it; and understanding, that he is now in his naked Bed, and asleep, they desire, that this House will sit To-morrow (as they purpose to do) that so they may confer To-morrow Morning, and end that Business before the Recess.
Answer: This House, for the same Reason, will sit To-morrow, as is desired, in the Forenoon.
Mr. Recorder: - All Elections cleared, but One - To have that now done, that concerns Sir Fra. Popham.
Ordered, This Cause shall be heard To-morrow, at the Committee of Privileges, the first Cause. The Report to be forborn till our next Meeting.
Mr. Cholmely - To have the other Part heard too. - Their Witnesses now out of Town.
If the Committee see Cause, they are to hear the other Part after.
Committee of Privileges.
Mr. Noy, Mr. Selden, added to the Committee of Privileges.
Mr. Noy to take the Bill of Continuance of Statutes ; and the Lawyers to meet on Saturday Afternoon, Temple Hall.